Employment Law Case Presentation

Please help with a detailed response with APA formatted references in the following problem:

You are asked to look at two court cases. Each case should concern one of the required benefits listed below. Each of the two court cases discussed should relate to a different benefit. *

Note: *Most legal cases can be found in LexisNexis.

1. Workers Compensation offers insurance benefits to employees who become ill or are injured at work. This insurance is different in every state and is dictated at the state level. In addition, some states require employers to purchase disability insurance.

2. Unemployment Insurance provides compensation to employees who lose their job for no fault of their own. It is different in every state and is mandated at the state level. The first step is to register the business with the state's workforce agency and that is where you'll learn what the state requirement is.

3. Social Security Taxes are required to be paid on employees. The current rate for SS tax is 6.2%, which both the employee and the employer pays, plus an additional 1.45% for Medicare tax.

4. COBRA Benefits are required for employers with 20 or more employees who are subject to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). COBRA allows the employee to maintain their insurance coverage at the employer's group rates for a period of up to 18 months. This coverage applies to former employees, former employee spouses, dependent children and retirees.

[Please note that the Family and Medical Leave Act might also be listed here. But there is no need to discuss it].

EXPECTATIONS:
*****Discuss the background of each case, its outcome, and the important takeaways for HRM professionals.
*****Please provide a list of references in APA format for me to look up in support of the response given. select only library/web-based resources that provide reliable, substantiated information.
****The detailed response should give enough information that would suffice for 2-3 pages of content.

Solution Preview

The first case, a worker's compensation case, involves Shawn Hardie, petitioner, vs Montana State Fund (State of Montana, 2012). Initially, in February, 2009, Hardie fell in the parking lot of her employer and experienced low back pain, which gradually subsided. She did not experience pain again until ten months later, when it was discovered she suffered from a bulging disc and annular tear of the lumbar spine region. The Montana Worker's Compensation Bureau first denied her claim, stating lack of objective medical evidence. However, in March, 2012, Hardie was awarded medical and indemnity benefits based on medical evidence, including an MRI. Hardie had legal representation in March, 2012.

The case required finding of evidence. Though the case was initially denied for coverage under worker's compensation guidelines, the evidence presented eventually allowed the presiding judge to award Hardie compensation in medical benefits related to the injury. The first evidence presented is that of witness testimony. The testimony was provided by Hal Pulling, a co-worker of Hardie, at
Opportunity Resources, Inc. Pulling was a car length away from Hardie when he witnessed the fall.
He assisted Hardie to her feet and asked if she was injured. At the time of the fall she did not admit to
Having pain. However, when Pulling asked her a week later, she admitted to pain (State of Montana,
2012).

Hardie had other health issues, including upper back and neck pain, due to an auto accident in 2006 and a kidney infection in 2009. However, when she visited the provider who treated her for the neck and upper back pain, she only complained of lower back pain, which was not present prior to her fall in 2009. About a week after the fall, Hardie did file a complaint with her employer, Opportunity
Resources, Inc. When her pain didn't improve after treatment, her physician ordered an MRI and the
Bulging disc was discovered, along with an annular tear at L4-5. Hardie stated there was no other health Issue that could contribute to her low back pain and disc after her fall in her employer's parking lot. The evidence presented through testimony of her co-worker, the physician, and medical ...

Solution Summary

The case presentations focus on two aspects of employment law, unemployment compensation and worker's compensation